Umm Naina, Reformative Justice is Not Exactly That

Today's debate I think, was kind of a reflection of the two kinds of justice systems that are in vogue in the world - retributive and reformative. Very broadly, the first one involves punishing people for their acts as revenge and thinking that it would deter them from committing crime further. On the other hand, Reformative justice believes that wrongdoers should take responsibility for their actions, make amends to the victim and be given a chance to mend their ways because punishment is not an effective way to stop or deter anyone from doing the same again. While Naina said a lot of points common with the latter, I think she was missing one important detail.

I am actually confused as to what Naina was saying considering I saw the episode in a rush so please correct me - was she saying that they would forget and forgive NK regardless of whether they got proof or not? Or only that they cannot make allegations without proof? If it was the latter, I agree. Without proof, it would again be medicine fiasco part 2 and NK is as capable of making drama as Sandhya. But if it was the former, then it merits more consideration.

As I mentioned, a lot of what Naina said today finds a place in the reformative justice idea. It believes that punishment only serves to damage societal relations and studies have shown that the deterrent value is negligible. It does not reform criminals or make them realize their wrongs. Proponents of reformative justice also believe that rather than punishment or revenge, forgiveness is a better way to get closure in life for the victim and move on. Till here is fine. However, it does not involve pushing the crime under the carpet and forgetting about it. You do not unilaterally or on your own forgive the wrongdoer without him knowing about it. What is the point then? Rather, in reformative justice, the victim is involved in the process to make the wrongdoer realize that he was wrong and gives him the opportunity to make amends and take responsibility for his wrong. So while Naina was right on a couple of things, she is wrong if she wants to forgive everything by herself without even letting NK know that he was wrong.

It is fine if she thinks punishment is not the way. Infact, the crime that was committed is one of those in which the reformative mode is preferred in some countries as it is seen to be more effective in dealing with the situation. However, doing nothing even after getting proof and
simply forgiving without making NK realize is problematic. That serves no purpose.

Your thoughts?

Originally posted by: hosnraj

Great post Sona...

The debate was indeed impactful as both were right from their pov...

Meghan was broken, she was restless, and it's natural for her impulsive nature, and Sangita is doing wonders with the expression...👏 she just wanted revenge, and I so want it too, I really want her to beat the hell out of SaNK 😡

I think Naina was trying to say that without proof it's wrong to blame anyone and when it is family the proof must be solid, she was saying when it comes to family we should only believe they are guilty when there is no way that can prove their innocence, even if there is a single proof in favor of family than that is more valuable against 100 which proves he is guilty.. she also said that we shouldn't have the intention to punish some one for revenge but for the betterment of society..and what she finally said was that they need to find solid proof if they want to blame NK...no matter how much I hae it she is correct, and I feel they need to find proof and hand it to dadu and let him be the judge...

Originally posted by: _Anu95_

Nice post Sona

Both have extreme qualities. One is highly short tempered other is highly sweet they need to exchange some to each other

Originally posted by: malikakas

Great post Sona!

Honestly I was blown away by the conversation today. Both actresses did a great job! It felt like a proper discussion/conversation between two sisters. I like the fact that both had valid points and neither was completely wrong.

I think Naina was saying a bit of both, that they needed solid proof AND that when it comes to family a retributive form of justice destroys relationships. Meghna wants immediate gratification but when it comes to relationships its destructive in the long run. And that they have to be thinking about their end goal before committing to any plan of action.

I don't think she meant that they shouldn't do anything, in general. What she was saying was in the context of trying to control her sister who is about to fly off the handle. She is presenting an extreme position in order to bring her sister more to the middle. What I feel is that Naina is trying to prepare Meghna to open herself to the idea of forgiveness.

Even if they have the proof NK is not going to be open to reformation so easily. So where does that leave the relationships? The sisters bascially have two choices... either take a path of revenge which will destroy a lot of relationships. Or pursue reformation in NK but in that case they have to be willing to forgive too. I always wondered why Naina, despite having proof in the medication fiasco, chose not to use it. Now I think its that she doesn't want to destroy relationships.

The only place I questioned Naina.. is in preventing Meghna from telling Kunal. Kunal and Meghna have already fought about this same issue. Unlike the situation with Karan and Sandy... Kunal is fully aware how much of a douche NK is. Kunal was also fully willing to leave the house based on Sharda's insult. I don't think its productive for MeghNal's relationship for Meghna to hide such a thing.

Originally posted by: .Sona.

Thank you! :)

And thank you for explaining it to me. I really need to watch this again as I saw it in a rush and then got confused. 😆

I agree with what you say. The thing is that even in general, retributive justice, though widely practiced, has been shown to have questionable results. And it is even more so in familial relations. Since people generally do not want to abandon families, revenge only creates a sort of bitter pill situation that you cannot swallow or spit. Also, in general, people attach to little a value to forgiveness and reformation which is a pity because it is shown to have better results.

In the face of all this, I agree with what Naina is saying, in the sense that they need to be careful and be open to the idea of forgiveness. I feel it is also more so in the case of somebody like NK. You punish him, he will let it fester and take revenge back at the next opportunity, creating a vicious cycle. But you can also get him to see the error of his ways and maybe be the bigger person once and that would help everyone. However, this does not involve letting him go without realizing that he was wrong. It is a tough task I know, reformative justice always involves more difficulty but if successful, is totally worth it.

@bold.. yeah and this is where the girls made a mistake by letting NK's previous comments about Sharda slide without having them being acknowledged as wrong. I feel at that moment Dadu should've been told what Kunal and Karan's fight was about. NK got away with that scot free so he continues to think he doesn't have to answer to anyone. And that's the part about bullies.. you have to stand up to them. But there is a difference between protecting yourself by standing up to them, vs punching back. Punching back just escalates situations to be harmful to both.

About the medicines, I firmly believe Naina is biding her time. She wants to be effective but create the least damage to the family or Karan's feelings. You need a plan or strategy for that. She said she wants to find out why Sandhya is doing this which is the perfect first step.

I don't know... I do think Naina is a bit of a pacifist at heart. I think she kept quiet because she's not ready to hurt people's feelings. Because if anything she could've told either Dadu, Karan or Nirmala privately. She didn't have to present it in a way that suggests that Sandy did it purposefully but that maybe Sandy made a mistake. Particularly to Nirmala who struggles under the shadow of Sandy being all knowing. Sort of how Meghna got NK to realize that he shouldn't blindly trust Sandy in terms of colleges for Kyathi. Naina has to figure out what Sandy is doing but at the same time seeds have to be planted that Sandy isn't to be trusted blindly. Regardless of what Sandy's reasoning is.. that is the end result that needs to be accomplished. What if Naina never finds out why Sandy does what she does?

I think it comes to one of the central themes of the show... there is a scene where Karan tells Meghna that they were always taught to stay quiet in the name of sanskar but that isn't always sanskar either. You have to stand up for yourself and others. Both sisters are foils to each other. Naina needs a bit of Meghna's boldness and Meghna needs a bit of Naina's patience and forgiveness.

About not letting her tell Kunal, I agree. But I guess she thinks it is a much bigger thing than simply an offhand remark that NK has made. Also, since Naina is still not sure that NK has done it or not, maybe she knows that if Meghna tells Kunal and Kunal reacts and leaves the house and stuff and if it turns out untrue then it will create a lot of damage. Hence she wants to wait for proof. Just my guess.

I get Naina's pov.. but I just feel she should interfere because she doesn't have all the information to fully understand the MeghNal dynamic. Kunal has an issue with Meghna not trusting him when it comes to Sharda's issues. Its a matter of trust between husband and wife. Even if Meghna tells Kunal... Naina can try and Kunal takes an impulsive decision to leave.. she can talk to him then that they don't have proof etc.